Legal Opinion

FIGUERREO v. State

District Court of Appeal of Florida

Decided August 18, 2010No. 3D09-218, 3D08-2909Published

1Opinion of the CourtCope, J.

This is an appeal of order denying a motion to correct illegal sentence under Florida Rule of Criminal Procedure 8.800(a), and a motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. We remand for further proceedings.

In his Rule 3.800(a) motion, the defendant maintains that his mandatory minimum seven-year sentence is illegal. The defendant’s point is well taken.

The defendant was charged with trafficking in cocaine in an amount of 400 grams. 1 In 2006, the defendant entered into a plea agreement with the State for imposition of a mandatory minimum sentence of seven…

2Cases cited8 opinions

  1. Santobello v. New YorkSupreme Court of the United States · 1971
  2. Forbert v. StateSupreme Court of Florida · 1983
  3. Tillman v. StateSupreme Court of Florida · 1988
  4. Ruiz v. StateDistrict Court of Appeal of Florida · 1989
  5. Epperson v. StateDistrict Court of Appeal of Florida · 2007

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